| The public security organs deprive the personal freedom of the criminal suspect and defendant by placing them in detention centers before the court ruling. This kind of coercive measure is called pre-trial detention that aims to ensure the implementation of detection and prosecution of cases. The implement of pre-trial detention, which is mandatory, punitive and preventive, can guarantee the punctual appearance of the suspect and defendant in court and secure the possible penalty in the future.The detention house is the main place for the implementation of pre-trial detention. On purpose of protecting the smooth conduct of criminal proceedings, this department detains the criminal suspects and defendants who are arrested and detained according to law. The mission of it is to make them in custody and make the investigation and trial go successfully. Although the personal freedom right of the pre-trial detainees is limited, his other fundamental rights, such as the rights to life and health, are to be protected by the Constitution and laws. This temporary deprivation of rights to personal liberty will infringe upon other fundamental personal rights of them during the process of custody. For example, torture and abuse will not only violate the detained person the rights to life and health but also generate to miscarriages of justice. The process of custody is possibly be prolonged, this time extension prone to transform into extended and covert detention. The rights to personal freedom, freedom of communication and secrecy to be informed as well as the right to freedom from torture and other basic rights, which the detainees enjoy in the process of pre-trial detention, are also violated.This thesis attempts to study the current situation of human rights during pre-trial detention, the causes and problems of it in China from the perspective of human rights. The following measures aim to protect the rights of detainees from being violated: First, to strengthen legislation; to establish and perfect the legal system of pre-trial detention; to strict accountability system for law enforcement fault. Second, to carry out the neutral system of detention center; to perfect the detention center's monitoring system. Third, to enhance human rights education of the detention center's supervisors and improve the overall quality of care personnel. Fourthly, to separate the places of detection and detention; to isolate the handling period and detention period. Finally, to establish the victims'relief system, so that the personal rights of the detainees could be relieved. |
